NCLAT Chennai member recuses from matter after brother messages him on the case

Justice (retired) Sharad Kumar Sharma, a Judicial Member of the Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) has recused from hearing a case after informing that he was approached by his brother to reserve the matter for orders.

In an order dated November 18, the Judicial Member recorded:

"Since I have been approached by my real brother who has dropped in the following messages ... With a very sorry note, I refuse to hear this appeal. Let the matter be placed before the Hon’ble Chairperson for the nomination of another bench."

The case pertained to insolvency proceedings against Jeppiar Cements.

The Bench of Judicial Member Sharma and Technical Member Jatindranath Swain was hearing a plea by the company's former director to set aside the Corporate Insolvency Resolution Process (CIRP) initiated against the company since all the dues towards the financial creditors were settled.

The Chennai bench of NCLAT had heard the matter since October 2022.

In the order, the judicial member recorded that he had received a message from his brother with a request to reserve the matter for orders. According to the November 18 order, the message read as follows:

"Brother, what can be in this paper that I am sending, what is the possibility of it happening, please try to give proper advice. This is a matter of your own court. My intention is not to hurt in any way and if I have caused any kind of trouble, then I apologize ....

... I apologize to your court and your profession. I have never made this request before but what I am doing, I am saying it for the first time to the court that this is our personal matter. There is no pressure of any kind because whatever decision you and the court take, we will accept it. I just request that you can reserve this matter as per your discretion and if there is even the slightest scope, it will be better if you have complete information about it. I am requesting once again that I have no doubt on your thoughts, feelings and decision and neither do I intend to hurt you, this is my first request that you accept it and reserve it. It is not an order, it is a request."

Furthermore, the order also noted that Senior Advocate Arvindh Pandian, who was appearing for the appellant, withdrew from the case after getting to know of this development.

[Read Order]